Recommended
Updates to Title 8 of
PAMC
Presenter:
Peter Gollinger, Urban Forester
January 16, 2024 www.cityofpaloalto.org/treeordinanceupdate 2022 ORDINANCE ADOPTION
Key components of the 2022 update:
• Expanded Definition of Protected Trees
• Updates to allowable reasons for Protected Tree Removal • Focus on Maintenance of Private Protected Trees
• Revisions to Notification and Appeals for Protected Tree Removal
Council’s motion directed staff to:
“…to evaluate prospective modifications to the ordinance that will come to light over the next year, as well as planning implications to be reviewed by the Planning and Transportation Commission and Parks and Recreation Commission in the
following months."
1 2
TIMELINE OF 2024 TITLE 8 UPDATE PROCESS
July 21, 2022 – Updated Tree Ordinance Effective Date
June 19, 2023 – Study Session Update on Implementation Efforts with City Council October 24, 2023 – Review Ordinance with Parks & Recreation Commission November 8, 2023 – Review Ordinance with Planning & Transportation Commission January 11, 2024 – Presentation to Palo Alto Neighborhoods (PAN) on proposed updates January 2024 – Return to City Council with Proposed Changes Spring 2024 – Explore possible Tree Ordinance Exemptions for certain housing projects with PDS then return to PTC to discuss
3 KEY 2024 PROPOSED TREE ORDINANCE CHANGES
• Changes to trees as public nuisance
• Clarifications to sections of 2022 updated code
• Clarifications added for existing practices
• Formal exemption for tree disclosure requirements on state ADU projects
• Revisions to appeals process for protected tree removal • Updates to allowable reasons for removal
CHANGES TO TREES AS PUBLIC NUISANCE
• Clarifications added to 8.04.050 (e) to define “infested”. • Issue: Current text is vague as to what qualifies as an “infestation” which could lead to confusion and possibly inappropriate application of this code section.
• Resolution: Proposed text clarifies what types of infestations qualify. Pests now must be included in the California
Department of Food and Agriculture’s detection and
eradication programs or be injurious to trees.
• Added 8.04.050 (i) to cover trees declared a nuisance by a court. 4 5
• Designated Arborist – when applicant chooses, vs
when City chooses
• Tree Disclosure – re-formatted to clarify types of
trees to be disclosed
• Twenty-five % Rule – clarification on calculation
method
• Development Moratorium – wording added to
clarify details
PROPOSED UPDATES FOR CLARITY - 2022 CODE
6 • Designated Tree Definition – current or previously
completed project
• Tree Removal Permit – wording added to explain the
difference between protected tree removal on
residential vs commercial properties (Tree Permit vs
Minor Staff Level Archictectural Review)
• Adding 25% Rule to residential projects
• Formalizing discretion currently used on large projects requiring full planning approval process
PROPOSED UPDATES FOR CLARITY – EXISTING PRACTICES
7 • Tree Disclosure – State Pathway (Table 1) only
projects
8.10.040
(a)(1) Notwithstanding subsection (a), applications involving only the development of an Accessory Dwelling Unit that conforms to Section
18.09.030, Table 1, require only a statement disclosing whether any protected trees are located on the property which is the subject of the application. This statement may be completed by the applicant.
TREE DISCLOSURE – ADU EXEMPTION
8 Intention of 2022 update was to include a director's
hearing as a first step appeal for tree removal outside of development and as part of a development project.
• During implementation, staff discovered the title 18
code referenced for tree appeals as part of
development project did not include director's
hearing, instead going to PTC as first step.
• Proposed change includes a director’s hearing as first step.
REVISIONS TO APPEALS PROCESS
9 Updates to reasons for removal outside the development process:
• Separating “detriment to or is crowding an adjacent
protected tree” from “impacting the foundation or
eaves”
• New reason: “It is at risk for retrenchment or other tree decline coping processes or does not conform with right tree in the right place principles”
Trees removed under this category may trigger a 24-month development moratorium. Extra mitigation measures are
required to lift the moratorium early.
PROPOSED UPDATES FOR TREE REMOVAL
10 Crown Retrenchment Definition:
• Mature trees in natural settings
may reconfigure as they age and
deteriorate, a process
sometimes called ‘natural
retrenchment’. They may
continue to grow trunk diameter
while branches die and fail—
reducing overall height of the
tree while maintaining stability.
WHAT ARE RETRENCHMENT & RIGHT TREE, RIGHT PLACE?
Right tree in the right place principles Definition:
• Right tree in the right place principles means
the set of principles that determine if a tree is
located in an appropriate location for its specific
species requirements and characteristics.
Specific principles include, but are not limited to
local climate zone, micro-climates, soil type,
rainfall, irrigation, available soil volume, existing
landscape, existing hardscape, existing utilities,
existing infrastructure and available above
ground growing volume.
11 Updates to reasons for removal as part
of development on a residential lot:
• Adding “detriment to or is crowding an adjacent
protected tree”
• Adding “It is at risk for retrenchment or other tree
decline coping processes or does not conform with
right tree in the right place principles.”
PROPOSED UPDATES FOR TREE REMOVAL
• Adding the twenty-five % rule. This rule has been used in past practice on residential lots that are dominated by large, centrally placed trees. Adding this reason for removal here addresses this oversight.
12 PROPOSED UPDATES FOR TREE REMOVAL
Updates to reasons for removal as part of a commercial
development:
New reason added to capture existing discretion used on nonresidential projects that is not explicitly granted under Title 18 (3) Discretionary development review determines that the final project follows right tree in the right place principles and would result in a net tree canopy increase on the property within fifteen years, and replacement of trees, shrubs, and plants either:
(i) Is consistent with Urban Forest Master Plan Goal 2: "Re-generated native woodland and riparian landscapes as the key ecological basis of the urban forest with focus on native species and habitat," or
(ii) Uses climate adaptive, drought tolerant species.
ADMINISTRATIVE PENALTY UPDATE
In addition to the proposed changes to Title 8 presented, an update to the Tree Ordinance section of the administrative penalty list is included for consideration:
13 PAMC CODE DESCRIPTION OLD FEE NEW FEE
8.04.020(a) Failure to comply with permit requirement
for work on public trees.
500 500 per tree
8.04.020(a) Fasten a sign, wire, or injurious material to any public tree.
N/A 250 per tree
8.04.020(c) Excavate or pave near public trees. N/A 500 per tree
8.04.070 Damage to public trees. N/A 150 per inch diameter of damaged tree part
8.04.070 Unauthorized removal of public trees. 500 per tree - N/A – 8.10.050 was previously used
5000 per tree or reproduction
cost up to 10,000, whichever is
greater
8.04.080 Interference with tree enforcement. 500 500
8.08.010 Weeds as public nuisance. 250 250
8.10.040 Failure to disclose protected trees. N/A 500 per tree
8.10.050 Unauthorized removal of Protected trees. 500 5000 per tree or reproduction cost up to 10,000, whichever is
greater
8.10.055 Failure to comply with tree replacement. N/A 750 per tree
8.10.070 Failure to care for protected trees. 500 500 per tree
8.10.080(b) Failure to comply with development
conditions.
500 500 per condition
14 POTENTIAL ADDITIONAL ACTIONS
In addition to the proposed changes to Title 8 presented, additional actions were presented to PRC/PTC:
• Elimination of one or more specific protected native species • Increasing the diameter threshold for protected native species (currently 11.5”)
• Increasing the diameter threshold for coastal redwood (currently 18”)
• Increasing the diameter threshold for all other species (currently 15”)
• Additional changes to allowable reasons for removal
15 POTENTIAL ADDITIONAL ACTIONS - HOUSING
In addition to the proposed changes to Title 8 presented, additional actions are being explored to support the City's efforts to add housing units. These will be reviewed by staff and discussed by PTC separately in spring 2024:
• A redesign to accommodate the tree costs two times the replacement cost of the tree (existing provision) or more than 5% of the total project valuation (down from 10% applicable to other projects) whichever is greater;
• A redesign that requires a greater parking reduction than authorized by the code; or
• A redesign that requires a density reduction of 5% or greater. 2024 TITLE 8 UPDATE – CHANGE TO 8.10.070
(c) Any requests to exceed the limits for pruning set forth in Section 8.10.020(j)(1) or (2) shall be submitted to the urban forester by the property owner or their designee at least fourteen days prior to pruning a protected tree. Each request shall be accompanied by a statement explaining why exceedance of the limits is warranted. No pruning that exceeds the limits set forth in Section
8.10.020(j)(1) or (2) shall take place without the approval of the urban forester. (cd) The standards for protection of trees during construction contained in the Tree and Landscape Technical Manual shall be followed during any development on property containing trees. (de) The urban forester shall add identified protected trees into the city's tree inventory database and, in coordination with the planning and development services departments, into city parcel reports.
16 2024 TITLE 8 UPDATE – STAFF RECOMENDED MOTION
Staff recommends that Council:
A. adopt the proposed changes to Palo Alto Municipal Code amending Chapter 8.04 and Chapter 8.10 of the Palo Alto Municipal Code and adopt a resolution amending the Administrative Penalty Schedule to increase the penalties for violations of Title 8 of the Palo Alto Municipal Code; and
B. Adopt the changes proposed to Section 8.10.070 as addressed in the staff report but omitted from Attachment A.
17 THANK YOU!
Brad Eggleston
Public Works Director
www.cityofpaloalto.org/TreeOrdinanceUpdate
[email protected]
Peter Gollinger
Urban Forester